Administrative Measures For The Rehabilitation Of Mine Geological Environment In Shaanxi Province Margin

Original Language Title: 陕西省矿山地质环境治理恢复保证金管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201307/20130700388870.shtml

Administrative measures for the rehabilitation of mine geological environment in Shaanxi Province margin

    (April 20, 2013, 170th release of Shaanxi Province since June 1, 2013) first to protect the geological environment, preventing and controlling mine geological disaster, specification of mining geological environment control restoration margin storage, use and management, according to the Shaanxi Province coal oil gas development environmental protection law and other relevant provisions, combined with the facts of the province, these measures are formulated.

    Second mining geological environmental rehabilitation bond in these measures (hereinafter referred to as margin), refers to the mining rights to perform mining geological environmental protection and control in recovery funds stored by the obligation. Article rehabilitation of mine geological environment in the administrative areas of the province to implement security systems.

    Margin activities such as storage, use and management of the application of this approach.

    Fourth store shall, in accordance with the regulations of the mining right margin.

    Security deposit in accordance with the "enterprise, government regulation, storage accounts, earmarking" principle management.

    Mining right storage deposit, without the obligation to exempt from the rehabilitation of mine geological environment.

    The fifth people's Governments above the county level shall strengthen the bond store, use, and management leadership.

    Administrative Department of land and resources of the people's Governments above the county level shall be responsible for the administrative area of mining geological environment control restoration margin storage, use and management.

    People's Governments above the county-level financial, audit, and other relevant departments according to their respective responsibilities, oversight of margin management.

    Sixth deposit amount of storage based on approved mining design of mining minerals, production scale, factors such as age and the effects of mining on geological environment determine (margin storage standard and influencing factor, see annex), the formula is as follows:

    Year mining influence coefficients x x amount of storage = storage standard mine design mine scale

    Total storage deposit x = year mining license

    In accordance with mining geological environmental protection and rehabilitation programmes determined governance costs were higher than the determined amount of margin in the preceding paragraph shall determine the amount of margin under the programme is stored.

    Article seventh bond store in the following ways:

    (A) the mining license is valid for 5 years (5 years), mining rights shall be a one-time full storage deposit;

    (B) the mining license is valid for 5 years 10 (10 year) following the first storage 30% in an amount not less than the total amount should be stored;

    (C) mining license valid for 10 years, first storage 20% in an amount not less than the total amount should be stored;

    The preceding paragraph (b), (c) the balance of the yearly average storage, and mining permit before the expiration of period 1 year balance at all.

    Article eighth bond approved in accordance with the approval of the mining right, store work permission, by classification of land and resources administrative departments are responsible for the people's Governments above the county level.

    Mining licence shall be issued by the Ministry of land and resources, the provincial administrative departments in charge of land and resources.

    Superior land and resources administrative departments may appoint subordinate administrative departments in charge of land and resources security storage.

    Nineth mining right shall be determined in accordance with the approved amount of margin deposit special bank account.

    Special account is managed by the land and resources administrative departments responsible for security storage works in conjunction with the competent financial Administrative Department of the Bank.

    The tenth new mine before the start of production, shall submit a mining geological environmental protection and control in recovery programmes, rehabilitation of mine geological environment commitments.

    Expand the scale of production, modification of mining areas or mining, mining rights shall be submitted to the reprogramming of mining geological environmental protection and rehabilitation programmes, rehabilitation of mine geological environment commitments. 11th transfer of mining rights, transfer of mining geological environmental protection and rehabilitation obligations at the same time.

    Assignee shall resubmit the mine geo-environment rehabilitation undertaking comply with rehabilitation of mine geological environment obligations.

    12th mining right in accordance with the approved mining geological environmental protection and rehabilitation programme of mining geological environment control obligations, applied for acceptance by the relevant Administrative Department of land and resources in conjunction with the acceptance of the Administrative Department of environmental protection organization, press obligations to extract the appropriate amount of mining geological environment control restoration margin and interest.

    Mining geological environment control project methods and criteria for the acceptance, by the province shall be formulated by the Administrative Department of land and resources.

    13th security deposit in accordance with the following provisions:

    (A) completion of one-time governance, upon the acceptance of deposit 90% extracted by mining right.

    (B) the phased treatment, according to project acceptance validation cost extraction of margin, extract 80% shall not exceed the amount of margin you have stored.

    Works within 3 years from the date of acceptance no quality problems, deposit balances and interest by the mining right full extraction. 14th mining right holders of the notice of acceptance of mining geological environment control project of the land and resources administrative departments to request a security deposit.

    Land and resources administrative departments shall give notice of the acceptance of mining geological environment control project within 30 days from the date of written notice storage deposit Bank in accordance with the provisions of deposit extraction business.

    The 15th failed to carry out rehabilitation obligations or unqualified acceptance of rehabilitation projects, deadline issued by inspection authorities of rehabilitation of mine geological environment rectification notice, ordered to rehabilitation.

    Mining right due to treatment or after the time limit is still not up to the requirements of their deposits and interest are not stored by extraction, legally entrusted by the administrative departments of land and resources management, governance costs from the security deposit and interest expenses, borne by the mining shortfall.

    16th section land and resource administration departments at or above the county level shall deposit the previous year's storage, extraction, use, management, case escalation business departments.

    17th periodical storage deposit mineral rights, land and resources administrative departments ordered stores and fines of between 30,000 yuan.

    18th land and resources administrative departments above the county level who violate this provision, dereliction of duty, abuse of authority or engages in the margin management and monitored by the competent authorities or bodies of persons responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. 19th article this way come into force on June 1, 2013.